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Elizabeth A Faulkner
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Elizabeth Faulkner’s Answers

4 total

  • What can I do if I have been misclassified as an independent contractor when actually employee. Also owed past due wages $6500.

    I have been working for my boss just over 2 years now. First off, I am most definitely misclassified as an independent contractor when I should be an employee (I manage all aspects of his business: client relations, answering incoming calls for hi...

    Elizabeth’s Answer

    You should promptly contact an employment lawyer as there are certain time frames for earned but unpaid wages that are applicable. If there are other workers that have also been misclassified and are owed wages they too may want to consult with employment counsel promptly. Good luck.

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  • I am scheduled for a tel. hearing requested by last employer. I honestly dont want to go againts a large company. who's willing

    do anything to keep me from getting benefits. I'm willing to give up my rights for ui. What should i do or say before or at the hearing in order to end this soon. THANK YOU

    Elizabeth’s Answer

    As others have said, you do not have to appear (which will will result in a loss), but if you are concerned about the outcome, you may want to consult with an attorney as to the likelihood of prevailing. An hour with an attorney may provide sufficient information to allow you to make a decision or to proceed on your own. If you do proceed, you need to be prepared with admissible documents and witnesses you have exchanged.

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  • Is a verbal promise for a job interview by your current employer enforceable as a verbal agreement in Arizona?

    The CFO of my company posted a position on line. When I applied he assured me that the position wasn't really open yet, but as soon as it was he would interview me and I would be considered for the position. Is this an enforceable agreement under ...

    Elizabeth’s Answer

    This would not be grounds for a breach of contract action in Arizona but you may have a possible age discrimination claim based upon the facts as relayed. You may want to check with the EEOC. Resigning because of this would likely disqualify you for unemployment compensation.
    Best of luck.

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  • I have not recieved my final wages owed by employer yet i did recieve a W2 reflecting those wages, what can i do?

    I asked for my final wages multiple times and have yet to recieve them from November of 2011. I recieved my W2 from this employer today and it does reflect those wages and taxes from those wages. I am not sure what to do about this. Should I file ...

    Elizabeth’s Answer

    Absent a "good faith dispute", which is defined by statue, Arizona law requires an employer to pay earned wages within 3 business days of termination, or within the regular pay period if you quit or the employer may face treble damages. You can also file a civil suit for treble damages (3 times the amount of wrongfully witheld wages) in court. The court you file in depends upon the amount sought. You may want to consult with an attorney as fees are usually recoverable in these cases as well as court costs.

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